A BILL to amend and reenact §16-1-7 of the Code of West Virginia,
1931, as amended; to amend and reenact §30-16-4 of said code;
to amend and reenact §30-23-5 of said code; and to amend and
reenact §30-26-3 and §30-26-4 of said code, all relating to
boards; changing the membership of boards; removing the
Commissioner of the Bureau for Public Health from certain
boards; removing the requirement that the commissioner provide
support to certain boards; allowing certain boards to receive
compensation not to exceed the amount paid to legislators; and
updating the name of certain boards.

Be it enacted by the Legislature of West Virginia:

That §16-1-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §30-16-4 of said code be amended and
reenacted; that §30-23-5 of said code be amended and reenacted;
and that §30-26-3 and §30-26-4 of said code be amended and
reenacted, all to read as follows:

CHAPTER 16. PUBLIC HEALTH.

ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.

§16-1-7. Duties and powers of the commissioner; service on
advisory councils; boards and commissions; authority
to designate a representative to serve in his or her
place on certain boards and commissions.

(a) Effective July 1, 2012, the commissioner shall serveserves on the following business, profession or occupation
licensing boards:

(1) The West Virginia Board of Barbers and Cosmetologists;

(2) The West Virginia board of chiropractic examiners;

(3) The West Virginia board of hearing aid dealers;

(4)(1) The West Virginia Board of Medicine, provided in
article three, chapter thirty; and

(5) The West Virginia nursing home administrators licensing
board;

(6)The West Virginia radiologic technology board of
examiners;

(7)(2)The West Virginia board of registration for
sanitarians; andThe State Board of Sanitarians, as provided in
article seventeen, chapter thirty.

(8) Any other licensing board or commission as directed by the
secretary.

(b) Effective July 1, 2012, the commissioner shall serveserves on the following advisory councils, boards and commissions:

(1) The Advisory Committee on Cancer (Cancer Registry);

(2) The Advisory Committee on Hemophilia;

(3)(2) The Air Quality Board;

(4)(3) The Appalachian States Low-level Radioactive Waste
Commission;

(5) The Attorney General of West Virginia Public Health
Trust;

(6) The Breast and Cervical Cancer Screening Program Advisory
Coalition;

(7)(4) The Child Fatality Review Team;

(8) The Clinical Laboratories Quality Assurance Act Advisory
Board;

(9)(5) The Childhood Immunization Advisory Committee;

(10)(6) The Early Intervention Coordinating Council;

(11)(7) The Interagency Council on Osteoporosis;

(12) The Jail and Prison Standards Commission;

(13) The Medical Service Fund Advisory Council;

(14) The Nursing Home Licensing Advisory Council;

(15)(8) The Sewage Advisory Board;

(16)(9) The State Emergency Response Commission;

(17)(10) The State Groundwater Coordinating Committee;

(18) The Sudden Infant Death Syndrome Advisory Council;

(19)(11) The Water Development Authority;

(20)(12) The West Virginia Commission for the Deaf and Hard
of Hearing;

(21)(13) The West Virginia Infrastructure and Jobs
Development Council;

(22) The West Virginia Solid Waste Management Board; and

(23)(14) Any other advisory council, board or commission as
assigned by the secretary except for business, professional or
occupational licensing boards.

(c) Notwithstanding any other provision of this code to the
contrary, the commissioner may, at his or her discretion,
designate, in writing, a representative to serve in his or her
stead at the meetings and in the duties of all boards and
commissionson which the commissioner is designated as an ex
officio member. The appropriately designated representative or
proxy may actacts with the full power and authority of the
commissioner in voting, acting upon matters concerning the public
health and welfare and any other business that is properly the duty
of any board or commission. with The representative servingserves
as proxy forat the commissioner’s at his or her will and pleasure.
Provided, That The provisions of this section do not apply to the
medical licensing board,West Virginia Board of Medicine, the Air
Quality Board or any other board, commission or body on which the
commissioner isdesignated by this code as chairman ex officio,
secretary ex officio or anya board, commission or body on which
the commissioner is designated by this code as being that person
whose signature must appear on licenses, minutes or other documents
necessary to carry out the intents and purposes of the board,
commission or body.

CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 16. CHIROPRACTORS.

§30-16-4. West Virginia Board of Chiropractic; establishment and
composition.

(a) The board known as the "West Virginia Board of
Chiropractic" is continued. Effective July 1, 2012, the board is
composed of the director of health, ex officio, threefour licensed
chiropractors and one person to represent the interest of the
public. All shall beare appointed by the Governor, by and with
the advice and consent of the Senate, from a list of three names
recommended by the West Virginia Chiropractic Society,
Incorporated. Each chiropractic member of the board shall have
been a resident of and engaged in the active practice of
chiropractic in the state for a period of at least five years
preceding his or her appointment.

(b) On July 1, 1998, there shall be appointed, as provided in
this section, one chiropractic member for a three-year term. As
existing chiropractic board members' terms expire, newly appointed
chiropractic board members shall beare appointed by the Governor
for a term of office of three years. No member may serve more than
two full consecutive three-year terms. When a vacancy in the
membership of the board occurs for anya cause other than the
expiration of a term, the Governor shall appoint a new member from
a list of three names recommended by West Virginia Chiropractic
Society, Incorporated, a successor as a member of the board to fill
the unexpired portion of the term of office. of the member whose
office has been vacated.

(c) The Governor may remove any member of the board in case of
incompetency, neglect of duty, gross immorality or malfeasance in
office.

(d) The board shall conduct aan annual training program to be
held annually to familiarize new board members with their duties.

(e) Each member of the board shall receiveis entitled to
receive compensation inan amount not to exceed the same
compensation as isthe amount paid to members of the Legislature
for their interim duties as recommended by the Citizens Legislative
Compensation Commission and authorized by law for each day or
substantial portion thereof that he or she is engaged in the work
of the board or of its committees. and shall beMembers are
entitled to be reimbursed for all actual and necessary expenses
incurred in carrying out his or her duties.

(a) The West Virginia Medical Imaging and Radiation Therapy
Technology Board of Examiners is continued. The members of the
board in office, unless sooner removed, continue to serve until
their respective terms expire and until their successors have been
appointed and qualified.

(b) The board shall consist of the following elevennine
members, appointed by the Governor by and with the advice and
consent of the Senate:

(1) One Radiologic Health Specialist from the Radiation,
Toxics and Indoor Air Division of the West Virginia Department of
Health and Human Resources;

(1) Three licensed practitioners, two of whom shall be
Radiologists;

(2) Three licensed Radiologic Technologists, one of whom shall
be an active medical imaging educator;

(3) One licensed Nuclear Medicine Technologist;

(4) One licensed Magnetic Resonance Imaging; and

(5)TwoOne citizen membersmember, who areis not licensed
under the provisions of this article and dodoes not perform any
services related to the practice licensed under the provisions of
this article.

(c) Each member shall be appointed for a term of three years
and may not serve more than two consecutive full terms. A member
having served two consecutive full terms may not be appointed for
one year after completion of his or her second full term. A member
continues to serve until a successor has been appointed and has
qualified. The terms shall be staggered in accordance with the
initial appointments under prior enactments of this article.

(d) Each member of the board shall be a resident of West
Virginia during the appointment term.

(e) The Radiologic Technologists, Nuclear Medicine
Technologists and the Magnetic Resonance Imaging Technologists
serving on the board shall maintain an active license with the
board.

(f) A vacancy on the board shall be filled by appointment by
the Governor for the unexpired term of the member whose office is
vacant.

(g) The Governor may remove any member from the board for
neglect of duty, incompetency or official misconduct.

(h) A licensed member of the board immediately and
automatically forfeits membership to the board if his or her
license to practice has been suspended or revoked. A member of the
board immediately and automatically forfeits membership to the
board if he or she is convicted of a felony under the laws of any
state or the United States, or becomes a nonresident of this state.

(i) The board shall designate one of its members as
chairperson and one member as secretary who shall serve at the will
of the board.

(j) Each member of the board shall receive compensation and
expense reimbursement in accordance with article one of this
chapter.

(k) A majority of the members serving on the board shall
constitute a quorum.

(l) The board shall hold at least two annual meetings. Other
meetings shall be held at the call of the chairperson or upon the
written request of two members, at such time and place as
designated in the call or request.

(m) Prior to commencing his or her duties as a member of the
board, each member shall take and subscribe to the oath required by
section five, article four of the Constitution of this state.

(a) There is hereby created continued the West Virginia board
of hearing-aid dealers, which shall beis composed of five members
to be appointed by the Governor, by and with the advice and consent
of the Senate. The members of the board shall be residents of this
state. One member shall be a person licensed to practice medicine
in this state and one member shall hold a degree in audiology from
an accredited college or university. The remaining three members
shall be persons having no less than five years' experience as
hearing-aid dealers or fitters and shall hold a valid license under
the provisions of this article. except that the hearing-aid dealers
or fitters to be first appointed to the board shall obtain a
license under the provisions of this article within six months
following their appointment to the board.

(b) The termterms of office of each member of the board shall
be four years, excepting that as to the members first appointed to
the board, one shall be appointed for two years; two shall be
appointed for three years; and two shall be appointed for four
yearsstaggered in accordance with initial appointments under prior
enactments of this act. A board member shall serve until his or her
successor has been duly appointed and qualified and any vacancy in
the office of a member shall be filled by appointment for the
unexpired term of such member. Any member of the board shall be
eligible for reappointment.

(c) The board shall annually at its meeting first succeeding
May 1 elect from its own members a chairman and vice chairman.

(d) Each member of the board shallis entitled to receive for
each day actually engaged in the duties of his or her office, a per
diem salary of $100an amount not to exceed the amount paid to
legislators for their interim duties, and shallis entitled to be
reimbursed for all reasonable and necessary expenses actually
incurred in the performance of his or her duties as a member of
such board.

(e) All fees and other moneys collected by the board, pursuant
to the provisions of this article, shall be kept in a separate fund
and shall be expended solely for the purposes of this article. The
compensation for the members of the board and all expenses incurred
under this article shall be paid from this special fund and no such
compensation or expenses shall be paid from the General Revenue
Fund of this state. All disbursements of funds necessary to carry
out the provisions of this article shall be so disbursed only upon
the authority of the board.

(f) The board is hereby empowered, with the assistance of the
department to generally supervise,shall regulate and control the
practice of dealing in or fitting of hearing aids in this state,
and in so doing, shall administer qualifying examinations in
accordance with the provisions of this article to test the
knowledge and proficiency of all prospective licensees or trainees.

(g) The board may purchase and maintain or rent audiometric
equipment and other facilities necessary to carry out the
examination of applicants as provided in this article and may
purchase such other equipment and supplies and employ such persons
as it deems appropriate to carry out the provisions of this
article.

(h) The board shall promulgate reasonable rules and
regulations in accordance with and subject to the provisions of
chapter twenty-nine-a of this codepropose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code:

(a)(1) For the proper performance of its duties;

(b)(2) To define and prescribe the ethical practice of
dealing in or fitting of hearing aids for the safety, protection
and welfare of the public;

(c)(3) To govern the time, place and manner of conducting the
examinations required by this article and the standard, scope and
subject of such examinations, which examinations shall, as a
minimum, conform with the standards, scope and subjects set forth
in section six of this article and manner, and the form in which
applications for such examinations shall be filed;

(d)(4) To establish procedures for determining whether
persons holding similar valid licenses from other states or
jurisdictions shall be required to take and successfully pass the
appropriate qualifying examination as a condition for such
licensing in this state; and

(e)(5) To establish such fees for such examinations, permits,
licenses and renewals as may be necessary to cover the costs of
administration.

§30-26-4. Powers and duties of the state department of healthAdministrative duties; examinations; register; use of fees.

(a) Effective July 1, 2012, the administrative work of the
board shall be performed by and in the state department of healththe board. The departmentboard shall keep full and complete
records of all of thetheir proceedings of the board and of its
accounts, which said records and accounts shall be open to public
inspection at all reasonable times.

(b) The departmentboard is hereby authorized to assist in the
supervision and administration ofconduct, supervise, and
administer the qualifying examinations authorized and required by
this article, to maintain for the board a register or record of
persons who apply for a license or a temporary trainee permit as
well as a register or record of the name and last-known business
address of all persons to whom a license or trainee permit is
issued pursuant to this article.

At the direction and request of the board the department shall
conduct periodic inspections of the establishment and facilities of
persons who are licensed to engage in the practice of dealing in or
fitting of hearing aids and shall report its findings and the
results of such inspections to the board.

When requested by the board, the department may assist the
board generally in carrying out any of the powers and duties
granted to the board, but none of the cost incidental to such
assistance, powers, functions and duties given to the department
pursuant to this article shall be borne from any of the
appropriations made to the department, but shall be borne by the
board and to this extent the department shall be entitled to
reimbursement from the funds of the board.

(c) Effective July 1, 2012, the board shall bear the costs of
carrying out the powers and duties granted to it by this article
from the fees collected by it for these purposes.